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Mar 24, 2016

Federal Circuit Limits Estoppel Arising Out of an Inter Partes Review

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On March 23, 2016, the US Court of Appeals for the Federal Circuit held that the estoppel provisions of 35 U.S.C. § 315 do not extend to grounds rejected by the Patent Trial and Appeal Board (“Board”) in a decision instituting inter partes review (“IPR”), permitting petitioners who ultimately lose on final written decision to re-raise in district court arguments that the Board had summarily rejected at the institution stage.

View full memo, Federal Circuit Limits Estoppel Arising Out of an Inter Partes Review

Authors and Contributors

Matthew Berkowitz

Partner

Litigation

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+1 650 838 3737

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Menlo Park

Mark Hannemann

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New York

Thomas R. Makin

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New York

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